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Legal Rights – If you live in an Institution (Nursing Homes, Assisted Living Facilities and State-Operated Mental Health and Developmental Disability Facilities)

What are my Legal Rights if I live in an Institution?

There are Federal and State laws that apply if you live in an institution. Living in an institution means getting services to help you 24 hours a day. These services can include medical, mental health and other services.

Depending on the type of institution, the laws that cover your legal rights may be different. The websites below explain your rights and tell you how to file a complaint.

You are also protected from being moved against your will or being discharged. Under Federal law, there are only six reasons a nursing home can make you move to another nursing home or facility (called “transfer”) or send you home or to live with a relative (called a “discharge”).

The six reasons are:

the transfer or discharge is necessary for your welfare and your needs cannot be met in the current facility;

your health has improved enough that you no longer need the facility’s services;

because of your actions, you endanger the safety of other people in the facility;

the health of other individuals in the facility would be in danger if you remained in the facility;

you have failed to pay your bill despite reasonable and appropriate notice; or

What if I live in a Mental Health or Developmental Disability Facility such as a Training Center or State Hospital?

In Virginia, the Department of Behavioral Health and Developmental Services (DBHDS) is responsible for running state training centers and state hospitals. If you live in one of these facilities, you have legal rights under the Human Rights Regulations. If you ask, you must be given a copy of these rights.

What can I do if I have a problem (I need Protection and Advocacy)?

If you have a problem in a facility, you can contact the following for help: